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HomeMy WebLinkAboutM010775~'"'~• ~ January 7, 1975 sTATB of calsFORNIA ~ ss. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 s.m. pursuanC Co adjournmenC. Present: Supervisors Cameron, Madigan, McRillop, Richter sad Chairman Ladd. Clif Nickelson, Administrative Officer, Dan Blackatack, Ccunty Counsel, sad Clark A. Nelson, CountyClerk by Margie CatC, Board of Supervisors Clerk. Pledge of allegiance to the Flag of the United States of America 75-1 RE-ORGANIZATION OF TF{g BOARD The meeting wee called to order For the purpose of re-organization of the Board. The Clerk declared nominations in order €or Chairman for the ensuing year. Supervisor McKillop nominated Supervisor Ladd as chairman. The motion was seconded by Supervisor Madigan. The Chairman asked i£ there were any further nominations; there being ao further nominations the • nominations were closed. The Clerk was instructed to call the roll. The Clerk was instructed to oast a unanimous ballot for Supervisor Ladd as Chairman for the ensuing yea•. Supervisor tAcKillop moved and it was seconded by Supervisor Madigan that Supervisor Cameron be Vice Chairman for the ensuing year. Motion carried. Supervisor McKillop welcomed Supervisor Richter to the Board and wished him well. Supervisor Richter spoke a few words regarding Supervisor Gilman. 75-2 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the minutes of December 30th, 197• were approved as mailed. 7f5 3~00~1 MIINICATIONS R. Hefner, Woodland. Mr. Hefner writes regarding the conditions of the s~ytL./f•O, k Oroville Qa-incy Hoed in the fall caused by logging operations. " -~-"'" ~~~,"' Discussed -and referred to Clay Castleberry to answer. Work Training Center for. 'the liandicapped, Inc. Donald Nassie, president • of-the Board of Directors, writes regarding allocation of revenue ~ Q Z. z S sharing moafes. Supervisor Cameron said a meeting was going to ~____.-~ be set up with this group. Board members will go and Look at site. The Reclamation Board. The Board ratites regarding proposed rules sad ~/ ~ ~ ~ O regulations for control bf encroschmenta in Butte Basin. Hearing y . i will be held on February 14, 1975 oa the regulations and official comments from Butte County are requested by January 31, 1975. Discussed; Mr. Castleberry will attempt to set up a meeting. State Aar Resources Board. The Board forwards proposed meteorological criteria for regulation agricultural buraiag and solicits comments on them to be submitted to the Board by January 22, 1975. Air Pollution Control Officer will be requested to report next week. -~ State Department of Parks and Recreation. The Department forwards information and materials regarding affirmative action clearance requirements fox grants under the State Beach, Park, Recreational and Historical Facilities Bond Act of 1974. Discussed; ao action taken. - tate~~ranc se ~ax_~Qar.~. The Board sends information regarding Assembly Bill 475 which denies state income Lax deductions for taxes, interest, amortization, and depireciation to landlords maintaining "substandard rental housing." Forme far use under the Act are enclosed. Discussed. Referred to Administrative Officer to gather more information; he will send information to the Board members. ~ ~ Petiticn for variance to provisions of 5ectioas 19-10 and/or 19-12 filed 113• •~ Page L. January 7, 1975 ,. ~.. ---... ~, ~ - r, ~ _ January 7, 1975 ! i i i 4 ! i i i g i i i i i i i i i i i i i i i i i i 9 i i i L i! i i i by Mary Pehr. Set for hearing on January 28, 1975 at 2:00 p.m. Upham Cemetery District, by Pres. Jarrett R. Healey. Resignation of John d O. Sj F. Sheehan ae member of the Board of Trustees. See motion following communications. Charles A. Jewel. He requests better snow plowing service is the Sierra Del Oro ~4 area. Read and discussed. Referred to Director of y Z S. 0 v Public Works. Mr. Castleberry and Supervisor Cameron will meet and see if a solution can be worked out in this matter. 75-4 ACCEPT RESIGNATION OF TRUSTEE OF UPEiAM CEMETERY DISTRICT On motion of Supervisor McRillop, seconded bq Supervisor Hadigan and unanimously carried, the resignation of John F. Sheehan was accepted, with the request that a letter of appreciation for hie services be seat to him. 75-5 REPORT ON TELEGRAM FROM GOVERNOR BROWN CONCERNING STATE POLICY SEGARDING PARTICIPATION IN CETA PROGRAMS Jim Rackerby, personnel director, reported on the telegram received from Governor Broipn concerning State policy regarding participation in CETA programs. The skate agencies are now free to negotiate with the prime sponsors. Telegram explained by Mr. Rackerby. Mr. Rackerby presented theBoard members a statue report on Title VI. They have complied with the deadllae request. The County is now prepared to move to the second part of the request. They will £oliaw through on this sad create other new jobs. Mr. Rackerby explained how they were filling the jobs and the matter of the allocations. These people will be hired as extra help oa a one-gear basis. The County will receive one-third of the funds 6y February 10th; the other two-thirds will be given to the County at a later date. Mr. Rackerby will report back to the Board requesting how the funds should be allocated. Type of jabs to be created explained. He said they would be sending in the grant application soon. Supervisor MoRillop questioned Mr. Rackerby about State participation in CETA. Ae asked if this meant that the Recreation and other districts, also Water Resources, Sivision of Forestry, could participate in this program. Mr. Rackerby stated that they could participate; they could be hired under an agreement with the State as state employees. This employment would be funCed with CETA funds. Mr. Rackerby will present a salary ordinance next week to set up these Title VI and CETA positions. CBAIRMAN Ll1DD WELCOMED THE STUDENTS OF THE LAS PLUMA3 HIGH SG~i04L CONTEMPARY ISSUES CLASS Al Anderson, newly elected County Assessor, thanked theBoard for this opportunity of speaking to them. He invited the Board members to visit his office at their convenience. Mr. Anderson stated he had been considering an administrative re-organization of this o€fice. Be does not think that he needs an assistant; this position is not necessary for this office as it would be a duplicative of the services. He requested that the Board abolish this positicn. Chairman Ladd said it seems to him that it might be well if this matter were referred to Personnel to make a study of the position. Supervisor McKillop said the Board should give direction to Personnel regarding this position. Page 2. January 7, 1975 ~^ ~:, ~ r r r r r r r r r r r r i$=LL=r$' ~,r1975 r r r r r r r r r r r a r o r r Supervisor Richter stated he has some concerns on this. The elimination of the position would save the County some $18,000 per year. Maybe this is to eliminate the person serving in this position and that a similar type position would be set up later. Supervisor Richter said that if this poeitioa is to be eliminated and not restated in another guise, he would note for it. If he votes for it, it would be for the elimination of the job end that 1t will not be set up again at a later date. Mr. Anderson ezpiaiaed h£s thinking regarding this elimination of this position. ge feels that he has been employed to do this job and there is no reason for two people to do it. Mr. Rackerby stated that Che Personnel Office does intend to ,place nay displaced person. Personnel would stand ready to assist the Board, Mr. Anderson and Mr. Brown in this matter. This would have to be brought back next week in the form of an ordinance to abolish this poeitioa. Mr. Anderson stated that he 'does not intend to re-instate the poeitioa but he does not think that he should be hamstrung by not having the right to net up another position. Supervisor MetCillop said the manager of the Butte County Employees Association was present and wished to be recognized. Bob Jones, manager of the Employees Association, said he was representing Mr. Brown et this time. This matter should be discussed by County Cou~asel end Mr. Brown's attorney. If this position was eliminated, it would adversely affect the work load of the other employees in the office. Eliminating this position would be taking a job away from an individual. Situation discussed. On motion of Supervisor Madigan and seconded by Supervisor Richter County Counsel was authorized to prepare an ordinance to abolish the poeitioa of assistant assessor and Chat the poeitioa not be re-established in the future. Motion discussed. It was moved by 6upervisor Mciiillop, seconded bq Supervisor Cameron and carried that the above motion be tabled until County Counsel and Personnel bring a recommendation back to the Board regarding this position. AXES: Supervisors Cameron, MclCillop sad Chairman Ladd NOES: Supervisors Madigan and Richter Dan Blackatock, County Counsel, asked that if after they have met and discussed the position and felt that the position should be deleted, should he prepare the proposed ordinance. The Board authorized him to prepare the ordinance. 75-7 APPEARANCE OF' MAYOR RINGEL O1' CtIICO: CERTAIN PROBLEMS IN THE COMMUNITY AND IN THE CITY-COUNTY RELATIONSHIPS Mayor Ringel of Chico said he was present at this time to discuss the role of the cities in the city-county relationship. His concern is that if the present situation worsens, the hurt ones will be the voters in the county. 8e apologized #or statements made by some of his fellow councilmen. Two sources of the present differences explained. Mayor Ringel read a. prepared statement on this matter. He said Page 3. January 7, 1975 ~ ~"~ Jasu~r~ 7 197 a s a. s s s s r s s a s s s r ~r s s s a s s s a s a r v s s s s s he hoped that this would start the year off well if he informs the Board in the direction the city is going. He set out services and common problems that the city sad toasty will be facing. He stated that he was a supporter of local goverameat. Chico was incorporated well over one hundred yea€e ago. The problems of a split community takes up a lot of the time of the city councilmen and county supervisors. He updated the Board on where they are in regards to the area pleasing concept. The matter is not totally closed. He said that even if they do not agree with the area planaiag concept, they have freed is the past Oa joist services and standards. They have agreed to uniform subdivision standards. Hayor Hiegel said he hoped that as many as possible of the Board of Supervisors members and the members of the County Planning Commission would attend the meeting that is scheduled for discussion of area planning. He said that is the matter of public transportation, the County Director of Public Works was at a meeting in Chico yesterday to discuss this matter. The State Department of Transportation will be before BCAG in the near future to learn the County's desires. Chico feels thaC public transportation is needed in the Chico area. He explained this seed. Other problems affecting the City of Chita set out and explained. Chico would be very happy to absorb all the positions that the County could give them. Chico feels that one of the (,ETA positions might be made available to the downtown merchant planning group in view of the enhancement of the city. Se reported oa the solid waste disposal problem and on the jet port. He said the airport is sot only for the use of the city but for all the people of the county. He would like to open discussions with the County regarding long range planning for this facility. Chico is attempting to negotiate for an agreement CARD regarding Bidwell Park. The Citp has been successful in applying for grants. Chico is attempting to eat up a group to study the problem of university cities to see if they can solve same of the problems. Mayor Riagel suggested that the Board appoint a study committee to move ahead to geC a closer degree of equity. Supervisor 1~ScKillop stated that this Board is willing at any time to work with the City. Chairman Ladd thanked Mayor Ringei for hie presentation. Se said he felt he could speak for e11 the Board members that they all want good cooperation and want to recognize everyones problems in the County. The Board tries to do the best job for all the people of the County. Supervisor Richter elated that a large portion of his district is in the city of Chico. He thinks that some of these problems are not jest questions of jurisdiction. There are political differences; there are differences in their point of view. Re feels Chat they should ail try to work with the problems and attempt to solve them. RECESS: 10:15 R6CONV~D: 10:30 75-g APPROVAI, OF PLANS AND SPECS FOR PENTZ ROAD FAS 1523(5) and PENTZ-MAGAL7A HSdY. 1524(17 On motion of Supervisor McKillop, seconded by Supervisor'~Cameroii' Page 4. January 7, 1975 (~ ~ January 7 1975 n ~~ a n s s a~ ~~..: s o s a ~~: a m. e ~ a a~ v m e e .. .: s and unanimously carried, pleas and specifications for the Pentz Road FA5 1523(5) and Pentz-Ptagalia Highway 1524(1) projects were approved and the Chairman and Director of Public Works were authorized to sign the plans, with the note thaC a negative EIR has been filed. 75-4 PUBLIC HEARINE•SET FOR RECLAMATION DISTRICT 2106 AND BUTTE BASIN Clay Castleberry, Director of Public works, said he had talked to Col. McCullom about Reclamation District 2106 and Che Butte Sarin, and suggested a meeting on this matter. Mr. Castleberry suggested that there be a hearing on January 28th. He will give Supervisor Richter a copy of the proposed rules. This should be scheduled as a public hearing and Mr. Castleberry said he would send notices to the property owners for tl:e Board. The hearing will be held to discuss the revised regulations on encroachments on the Butte Sink. On motion of Supervisor McRillop, seconded by Supervisor Cameron and unanimously carried, a public hearing was set for January 28, 1975 at 2:00 p.m. and the mailing of the notices of hearing to the property owners will be made by Director of Public Works. 75-10 GOLDEN FEATHER FAIR FIRE PROTECTION SYSTEM APPROVED Mr. Castleberry reported on the Golden Feather Fair Eire protection system. The cost is estimated to be $60,000; they have the money for the system. He would ask that the8oard authorize him to sign the plans and submit them to the State and to the State Fire Marshal. On motion o£ Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the Golden Feather Fair Fire Protection system was approved, Director of Public Works was authorized to sign the plans sad submit them to the State, subject to the State Fire Marshal's approval. 75-11 DISCUSSION: LETTER TO CORD OF ENGINEERS BANK PROTECTION ALONG SACRAMENTO RIVER Mr. Castleberry presented a copy of the letter he has written to the Corp of Engineers concerning bank protection along the Sacramento River that did not hold. The Chairman should sign the letter. Board members will read the letter and will decide whether it should be sent or not. 75-12 ADOPT ORDINANCE NO 1539 SALARY ORDINANCE AMENDMENT A salary ordinance amendment has been prepared transferring the Central Services Clerk in the Gridley building to the Sheriff's Department for administrative purposes and granting one new Superior Court Clerk position in theClerk'e Office. The first reading of this ordinance was waived December 30, 1974„ On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the second reading of the salary ordinance amendment was waived, Ordinance 1539 amending the salary ordinance was adopted sad the Chairman was authorized to sign. 75-13 DISCUSSION: AW6RD OF BID FOR VEHICLES-PUT OVER ONE WEEK Ttie annual bid for vehicles which this year includes 39 cars and trucks has been reviewed and is presented for consideration. Tom Struthers, Purchasing Agent, said that Chrysler Corporation bad informed him that they were announcing a cost reduction on alI vehicles. The company confirmed that there would be very little, if any, effect on the County's purchase of care. There are to be meetings all this week with the zoning managers and they will ask if there will be nay advantage to the fleet purchases because of this cost reduction. Page 5. January 7, 1975 ('~ ~ s saaaaaasaasm aJ$~~Ys7r ~g~5s aaQ: ssasasassa: Mr. Struthers suggested that the Hoard hold off any award of the bid to verify any change to the bid structure. Recommendation discussed. Award of bid held over over one week. 75-14 APPROVE AWARD OF BIDS-MOBILE RATJIOS AND REPEATER STATIONS Two bide were received with Low bid being submitted by Motorcia in total amount of $13,197.34. The price per radio exceeds approved budget items, however, the bid for the new repeater stations was under the estimate. Memorandum of explanation and recap of bide with proposed cost breakdown sent to Board members. Supervisor McRillop asked why Purchasing was using Reserve funds rather than Revenue Sharing funds. Mr. Nickelson explained the use of these funds. Mr. Nickelson recommended that the transfer be from Reserve for Contingencies fund. Award of bid discussed. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, sward of bid to Motorola Company in the amount of $13,137.34 was approved; utilization of unencumbered funds in Public Works budget and Building and Subdivision budget for the mobile radios authorized; and authorized transfer of $10,041.38 from the reserve for contingencies to Central Services-Communications cost center for redistribution to users. 75-15 ADOPT RESOLLTION 75-1 RE AMENDMENT TO AGREEMENT WITH TH8 STATE OF CALIFORNIA. DIVISION OF VETERAN SERVICES New legislation provides for additional compensatien to the County for services of the Veterans Service Officer. An amendment to agreement provides for an additional xeimbursemeat to the County in an amount not to exceed $2,912. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, Resolution 75-1 designating Clifton C. Nickelson, county administrative officer, as the County's representative authorized to make application and sign amendment to agreement with State of California- Department of Veterans Services was adopted and the Chairman was authorized to sign. 75-16 BUDGET TRATISFERS APPROVED On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, the following budges transfers were approved: B-61 Purchasing. This sets up $11,743.58 in the professional and specialized services account in the Purehetping budget to cover services of the auctioneer during the sale of the County Hospital and other county equipment. This amount comes from unanticipated revenues-postage of sale. B-81 Health Services Agency- $3 OBOfrom the professional & specialized services account in the [ealth Dept. to the same account in the Health Servlces Agency and reflects transfer of responsibility for administration of Sickel Cell Anemia contract B-82 Board of Supervisors - $55 from extra help to professional & cpecial services B-83 Paradise Constable - $50 from Che Board authorized travel account with $18 going to office expense sad $32 to insurance general B-84 County Service Area #35 (North Chico Fire Protection) $2,507 from special departmental expense to structures & improvements Page 6. January 7, 1975 . „ ~ ... ,. ~ a ~ ~ ~ ~ .... adB~iE x,=1375 ~ .~,... a . ~ .::... B-85 Chico Marshal - $250 from office expense to equipment maintenance B-86 Mental Health - $2,000 from rents and lessee - structures improvements to rents and lessee-equipment H-87 County Buildings _ $200 from household expense to small tools & instruments H-88 Data Processing - $3,300 from salaries and wages regular to extra help H-89 Administration - $500 from salaries sad wages regular to extra help B-90 Pleasing - $65.50 from professional and specialized services to equipment 75-17 AUTHORIZE INCREASE IN RECEIVING HOME RATE FOR CHILDR$N UNDER 13 YEARS OF AGE The Welfare Director requests Beard authorizeticn to increase receiving home rates to $120 per month for children under 13 years of age. Mr. Crisan stated that this is a special program that the State reimburses the County for; program and request discussed. On motion of SupervisarRichter, seconded by Supervisor Cameron and uaanimausly carried, the Board authorized receiving home rate of $120 per month for children under 13 years of age. 75-1$ DIS_CUSSION_OF_AB 206- STATE ADMINISTRATION OF WELFARE Bob Crisan, Welfare Director, explained AB 206; he stated that this is the State vs. County administration of Welfare. The Board does have the prerogative to ask him to set up the programs. Locally, the Welfare Department has been able to issue immediate need or emergency needs. Under State administration, the county would still be assessed a Welfare cost. Chairman Ladd felt this bill does swap with local control of the program. Under the present coaditioas, the County does have some heway in local control. He feels that this would hurt the people that are an emergency need, and felt that the Board should oppose this bill. Supervisor Cameron said he would not support any bill that did not have funding and support. Mr. Crisan said the Welfare Association would be meeting Wednesday and this bill will be discussed. Mr. Crisan will report back next Tuesday on the action of the Welfare Association. It was felt Chat the Hoard would need some in-put from the Welfare Association and from CSAC before theBoard takes action an this bill. No action taken at this tiers, 75-19 APPEARANCE: VERNON TRDXEL, REPRESENTING LOCAL ALCOHOLIC ANONliB}U5 ASSO. Mr. Vernon Troxel, representing the local Alcoholic Anonymous Association, stated the association had been meeting out at the old hospital Bite in the old residence across from the infirmary. They heard the County was going to eliminate their use of the building. Mr. Nickelson said the problem is that the••plumbiag ie not hooked up; any usage of the facility is quite a problem. He would not recomtend an overhaul of the plumbing due to the condition of the building. He said that if this man would go into hie office, he will have Mr. Davis discuss the matter with him and see how the problem could be solved. No action takes on the request aC this time. Page 7. January 7, 1975 r s r m m r m: r r m r m r r mJsnsgar.ym7~ .1.g&5m m m r m m m m m m r m m 75-20 APPEARANCE: JAMES HAN5EN, OROVILLE James Hansen, Oroville, stated that he had sent a letter to the Board requesting reimbursement of his filing fees. He said he could not understand why a¢ie must protest to enjoy something that is constitutional. He requested $ copy of the Attorney General's opinion concerning this matter. Mr. Blackstoek said he would give this man a copy of the opinion. 75-21 REPORT TO THE BOARD ON THE OROVILLE CEMETERY DISTRECT Dan Blackstoek, County Counsel, said he had sent a written report of the Board concerning Oroviile Cemetery District. He said that there were no problems here; everything ix being resolved. He said it might be well to suggest a six-month report from the District. Discussed; ao action taken. 75-22 DISCUSSION; REPORT REGARDING LEGAL SERVICES BUPPLIID TO SCHOOL DISTRICTS AND RELATED ISSUE OF "FISCAL INDEPENDENCE" Report regarding legal services supplied to school districts and related issue of "fiscal independence" discussed. Dan Blackstoek, county counsel, reported on the legal services provided to the school districts. Commencing this year, his office went to a closer time check to see how much time they were spending on each activity; this was done so that the County Auditor would be able to give a more accurate picture of the overhead business. They do have an accurate record of time given to the schools. It averages cut to the service of one-half man per year. The same deputy also has nine cemetery districts,mosquito districts, recreation districts and reclamation districts. Mr. Blackstoek explained the activity of work in his office. There is a wide fluctuation of the number of hours that are spent on each activity in any given month. During the month of September there is less school activity. Months o€ March, April and May the work builds up. He said the means of supplying legal services to the schools is set out in the letter to Tom Evans written last year. Be set out the means of supplying legal service to the schools. Time spent discussing haw legal services could be given to the schools. Mr. Blackstock's office has a certain amount of luraover in staff. There are deputies that do not want to work on school matters. He has to train his men to handle all problems of that office. County schools could hire as administrative asaietan~' that County Counsel could deputize. Mr. Blackstoek explained this; they would work is conjunction with County Counsel. Supervisor McRillop stated that the schools maintain that they are not getting proper legal counsel. The County continues to hire more deputy county counsels and they are absorbed up into other functions. Mr. Blackstoek said he has requested an additional deputy. His office represents Che child protection cases is Juvenile Court. Handling of school legal problems by deputy county counsels discussed. Supervisor McKillop felt that Mr, 8iackstock should place a deputy at the schools office and let him duet do school work. Mr. Nickelson said that the Board had added an additional attorney to county counsel's staff a while back to handle school problems. Mr. Blackstoek explained why this hail not been carried out. Page 8. January 7, 1975 ~ ~ s s s s m s ass s s s s s s ~&aunT~r 7,m1975~ m a s s s a s s s s rf s a s Chairman Ladd felt ft would be less expensive to have the depuGGy county counsel in county counsel's. office. The Board could demand that this work have a higher priority. Supervisor Cameron suggested that maybe the only way to go is to have fiscal independence for the schools and let them hire a man. Be should be knowledgeable and just handle the school problems. Mr. Blackstock said he has anothex problem that he has going. That is to make sure Chat the districts fully understand the way to use County Counsel's office more efficiently. He explained the set up of his office. Supervisor McKillop said the schools should get proper legal counsel; he does not care which way the Board goes. @e feels the County is going to spend a higher amount to get this technical advice. A man that would be hired for school work only would be satisfied to stay with the work. Chairman Ladd said that maybe there should be two deputies that would both work or the school problems• _ .. •. Legal services to schools discussed. Duane . Powers, Superintendent of ScFtools, explained the funds in their budget for legal services. He said they seed a review of the Legislation that takes place Continually; they would like to have this from county counsel. The digest of what is going on in Sacramento discussed. Mr. Powers said that sa much is in legal terms they can not interpret it properly. There should be soiaeone really checking into this to see what should be done. Legislative bills discussed.; Mr. Powers stated that there ie $20,000 in their budget for legal services from County Counsel's office. No action taken at this time. RECESS: 12:10 RECONVENED: 1:30 Chairman Ladd stated that before lunch the Board was discussing legal services supplied to the schools. Be asked if the Board had some action that they would like to Cake. Supervisor McKillop stated Chat Chis had been fully discussed. There is a new member on the Board that has not committed himself oa this. It might be well to allow him to become acquainted with the subject. Action to be taken discussed. Matter placed back on the agenda for Tuesday, Janu3t~y 1~, 1975. 75-23 DISCUSSION! A~OINTMENTS TO gOUSING AND CO2RKUNITY DE9ELOFMENT STUDY COMMETTEE Since the structure of the Committee is rather complex, adjustments may have to be made concerning suggested appo~.ntments. Committee ie to consist of seven to eleven members representing loci income, elderly, ethnic, developers and general public. Supervisor MCKi11op suggested the appointment of Gary Kenyon, Lake Pfadroae, to serve on the elderly section. Chairman Ladd suggested Tom Page 9. January 7, 1975 ~'. ~ s a „ ~, „ ~ ~ ~ ~ January 7, 197 a s~ ~ a~ s ~ ~~~ a n e a s s~ ~ p~ s s r .c Powell to serve on the elderly sector and Dic1t Lopez to serve on the ethaic sector. Appointments discussed; appointment? to be made at later date. 75-24 REJECT CLAIM OF MARGARET M. WAGNEfl Mr. Blackatock reported on the claim of Margaret M. Wagner. He recommended that the claim be rejected. On motion of Supervisor Madigan, seconded by Supertrieor McLCillop and unanimously carried, the claim of Margaret M. Wagner, in the amount of $1,400 was rejected and referred to Couaty Counsel. 75-25 DISCUSSION: BUTTE COUNTY SERVICB AREA N0. 26 RESOLUTION AUTHORIZING SALE OF BONDS Dan Blackatock, County Counsel, said he has received a letter from the attorney for the Thermalito Irrigation District requesting that this matter be delayed. Matter taken off agenda at this time. 75-26 DISCUSSION: COUNTY SERVICE AREA N0. 51 Mr. Blackatock stated that the Board has until next week to decide on an argument to be placed with the ballot on County Service Area No. 51 election. This election is to set the tax rate fcr this drainage district. It was asked if the area has a chance to place an argument on the ballot. The city could file an argument in the place of the Board; it would be up to the Board. Chairman Ladd said that as far as he could see, an impartial analysis fa all that is seeded. He would think that the City should have the option of submitting 8n argument. Mr. Blackatock will contact the City of Oroville's legal counsel and explain the situation. 75-27 LEGAL OPINION CONCERNING THE FILING FEES OF CANDIDATES Mr. Blackatock said theCounty sow has an ,attorney ~Seneral's decision with regards to filing fees which precluded returning eny of the fees. Robert Powers has filed suit against Chairman Madigan and Couaty of Butte is Sma11 Claims Caurt. This will be a test of this opinion. Matter discussed; ao action taken. 75-28 FURTHER 1ISCUSSION OF LEGAL SERVICES TO SCHOOLS Chairman Ladd stated that on the legal services question, they have Gene Harris of Richvele that would like to speak. He represents the Butte Couaty School Board. He said he was sorry that the question of legal services to the schools had become involved with the question of fiscal independence to the schools. The executive board would like to extend an invitation to this Board to have dinner with them to discuss their problem. Maybe in this way they could achieve a better understanding in the matter. They feel that thereshould be funds fox the position of legal counsel for the schools. Chairman Ladd felt that this would be a good idea to have such a meeting. Mr. Nickelson will meet with Mr. Harris and work out a date far such a meeting. The press was invited to attend the dinner meeting. 75-29 PUBLIC HEARING: APPEAL OF DENIAL OF MATHEWS READXMII7C INC. -USE PERMIT The public heariag on the appeal of denial of Mathewc Readymix, Inc. for a use permit was held as advertised. Jim Lawson, Planning Director, stated that this should read, appeal of Planning Commission's application for modification of the use permit. He set out the background of this heariag. A use permit was granted to Mathews Readymix, Inc. The Planning Department received a complaint that the company had not complied with the Page 10. January 7, 1975 ~ ~'`~ Jan~a~ 7g 1975W .............. . conditions of the use permit. lice permit could be revoked for non-compliance. Planning Commission held a hearing as to whether a violation did exist. The Planning Commission could not find that there were any violations. The Board had received a letter of appeal concerning Planning Commission's decision. At this point, it is conjecture from the staff side of the interpretation of the conditions. Uniform grade discussed. Conditions explained bq Mr. Lawavn. The use permit was issued for the entire area. At this time only talking about the area west of the highway. Searing opened to the public. Appearing: 1. Mr. Floyd Byrd, West Oro Dam Blvd. He filed the appeal. He said the grade has not been defined properly. He feels that it was the thought of the Planning Commission at the time the use permit was issued Co have the rock piles put to a uniform grade. Beeson for his appeal explained. Ponds at the site net out by Mr. Byrd. Aside issue has come up now; the proposed parkway explained. The argument with the parkway is that the ponds would be nice for swimming. Mr. Byrd feels that the County should comply with the conditions. 2. Mrs. Jean Pratt, appearing as a citizen and as a taxpayer. She believes that the river is for everyone. A prepared statement was read by Mrs. Pratt. Photographs presented for the Board's consideratien. In the aerial photos the potholes could be noted. She requested the Board to think back when the rock piles were high on both sides of the road. Planning Commission did not want more potholes there and they felt they were doing a service to the city by i~roving _ae road leading into town. She said she felt that Mathews Readymix, Inc. should be allowed to have the use permit so they can crush the rock and beautify the entrance to the City of Oroville. Supervisor Richter requested that someone explain the phots of the area. Photos explained. 3. John Gray, member of the Feather River Park & Recreation District. 'fle spoke concerning the agreement far the proposed parkway. He set out hie interpretation of "at grade". The problem he felt was that they were hoping that the State would give them a general plan and that this property would he apart of the parkway. He feels that Mr. Mathews is violating his permit. Definition of grade discussed. 4. Al Walsh, former Planning Director. He said that the intent of the staff at the time they made the recommendation was to maintain a uniform grade for the property west of Highway 70. 5. Mrs. Joan Prestos, Middlehoff i,ane. She spoke as a parent; the children swim in the potholes in the summer. It is her belief that something should be done to keep them from creating more poth~lea She would like something done to protect the children. 6. I?ail McCabe, attorney at law, representing Mathews Readymix, Inc. He felt that nothing new was presented today for the Bos-d's consideration. There is no violation to ,justify the modification of the permit. There has been no digging below the water level since Che middle of September. It is their intent to commence re:oving the stock piles. He set out the justification for the County not to revoke this permit. Page 11. January 7, 1975 ~ ~. a g a a: ri a s a a a a a a a 3aaug~x ~Iali7.! a a a a s a a a a a .. a a a a Mr. McCabe said that Mathews would be agreeable to s net of more reasonable conditions. He would propose the conditions that are in the State permits. The zoaiug in the area is A-2; that allows anything- all uses are permitted. The digging operation is not an industrial use. It is their position that Mathews is complying with the requirements. Mr. McCabe stated that the minutes o£ she Planning Commission for March 19, 19b8 refer to a use permit for a crushing and screening plant. Coalitions set out. Mr. McCabe set out the profiles of the grades. Mr. McCabe stated that Mr. Mathews would give the background of this matter. Mr. Gordan Mathews, manager of Ready Mix Co., stated that in the beginning they had a lease with Pacific Coast Aggregate. They receive d their first notice of violation from Mr. Ferguson on August 20, 1974. They were given to September 6th to get back into conformance. They did keep the trespasaelsa off the property. They hire the Blue Line Patrol Co patrol this area on the weekends. They have not operated this plant since September 10th. History of the permit set out. Mr. Mathews met with Assemblyman Chappie concerning en exchange of leads with the State. The State has been very slow in moving ahead with these plans. He explained the conditions of the permit with the State Fish ~ Game. The State permit allows them to go 25' below the water mark. in order to remove rocks they have to remove materials the only way they could and they have to dig holes to remove the materiel. Mr. Ran McElroy addressed the Board relating to the uniform grade. He is with Cook & Associates. He explained how the grade could be established. Mr. McCabe presented his summation of this matter. He explained what Mathews Rsadymix Ins. was doing to abate the nuisance (attractive nuisance) of the swimming holes. They hope to take adequate steps to keep the children out. He explained the matter of the State permit. Supervisor Richter asked Mr. Mathews 1£ the company was in violation of the permit; is their position that no coalitions were attached to the matter of digging, or are the conditions eo vague that they cannot be complied with. Mr. Mathews stated that his #ather lead been granted the permit; he does not know if they are in violation. Mr. McCabe said they take the position that the permit does aot pertain Co the dig$i~g operation; the uniform grade requirement does applq to the digging. It is their position that the requirements are so vague they cannot be enforced. Mrs. Pratt said that 100 people could be asked about uni€orm grade and you would get 100 answers. They asked a professor at Butte College for his interpretation of a use permit. His interpretation set out. Mr. McCabe said he was happy to see this come up; it shows how confusing this is. He requested that this matter of the interpretation not be considered. Objection noted. Hearing closed to the public and confined to the Board. Operation and conditions Qiscussed. SupervisorJ~~~~fe~~75 Page 12. ~ ~, a r ~u a s: m c R= s r r a sasnil~ 7 ,r197'~ n a r c r= s a r m s a a a a that in creating these large holes, they are creating an unsightly condition and that it is dangerous. He felt there should be a condition that these holes be filled. Time spent discussing the use and conditions. Mr. Rix stated that he had written a Chree page opinion at the request of the Planning Commission of the public auisance in the revoking of this permit. Supervisor Cameron requested that the opinion be read at this time. Mx. Blackatock said there were two considerations before the Board: Ia there a public nuisance; and (2) have they violated the conditions of the permit. He said they would have to show something that they could hang their hat on if find that the company is in violation is case they have to go to court on this. Mr. McCabe set out the conditions of the use permit. Re said they would agree to having the conditions of the State Fish & Game permit and the Reclamation Board permit incorporated into the County permit. They would agree to inserting these conditions into the County permit. Supervisor McRillop said he feels that the deep hole Constitutes a~daager to a small child. If he falls into the hole and cannot swim, it could be a danger to him. Supervisor Cameron said that danger could be abated by placing a slope on the hales. Chairman ~,'~rdl. suggested that this matter could be put over and that a committee be appointed to meet with them to work out something. The committee could work with the applicant and come back to the Board with conditions that would be agreeable to both sides. The testimony was that they were not going to dig any more holes; they stopped until they could get this resolved. It was moved by Supervisor Cameron, seconded by Supervisor Madigan and carried that the Chairman appoint a committee, continue the hearing at Board level and see if the committee and the applicant can work out conditions that would be satisfactory to both sides. AYES: Supervisors Cameron, Madigan, McRillop and Chairman Ladd NOES: Supervisor Richter Chairman Ladd appointed Supervisors McKillop and Richter as the committee to work with the applicant in this matter. RECESS: 4:20 RECONVENED: 4:30 75-30 PUBi.IC HEARING: PROTEST FILED SY GLORIA BALLINGER, PLANNING COMMISSION'S DECISION REGARDING ENVIRONi+~NTAL IMPACT REPORT -APPEAL IIPHELD The public hearing on the protest filed by Gloria Ballinger, Planning Commission's decision regarding environmental impact report was Geld as advertised. Mr. Lawson set out the background of this protest. This property is in the interim zone. It is on Meridian Road west of Highway 99. It was his suggestion that the Board should sustain the Planning Commission's decision or continue the appeal until the zoning matter has been reaolve~:. Fearing opened to the public. Appearing: 1. Mr. Steve Ballinger, Miil Street, Chico. He is trying to Page 13. January 7, 1975 :se awrrr•rsnwerat~g$~r~basl~7.~wwwrrrraawrrwr divide his property. Re was told that the only tiring that was being considered was his protest to submitting an E.I.R. Re explained his protest. Chairman Ladd explained the matter of the requirement for the filing of an Environmental Impact Report; this is a State law. Protest discussed. Mr. Ballinger attempted tc justify his protest. He is in partnership with another man on this 10-acre parcel. They would like to divide the property in half because the other partner has built on part of the property and Mr. Ballinger farms the other 5-acres. Em~ironmeatal impact report discussed. The County has to require a report from ell owners applying for these divisions of property. 2. Gloria Ballinger. She did not feel that the dividing of this property would change the emrixonment. Report explained to her. Rearing closed to the public and confined to theBoard. Supervisor McKillop could not see where this division of property would affect the environment. Supervisor Richter said he would have to abstain from voting because he does not have enough information. Supervisor McRillop agreed. Mr. Lawson set out the local guidelines concerning these division of parcels. 3. Mr. Fred Munoz, M¢ajsr Road.. Re owns 13 acres. It is open range. Parcel size discussed. It was monad by Supervisor Richter and seconded by Supervisor Madigan that the appeal be denied and that a report be required, upholding the recommendation of the Planning Commission. AYES: Supervisors Madigan and Richter NOES: Supervisors Cameron, McKillop and Chairman Ladd Motion failed. On motion of Supervisor Cameron, seconded by Supervisor McKillop and carried, the Board upheld the appeal and that a report not be required, with the note that a negative eIR be filed, with the finding that there is no significant effecC on the emriroament. AXFS: Supervisors Cameron, McKillop and Chairman Ladd NOES: Supervisors Madigan and Richter 75-31 PUBLIC REARING: ROBERT G. RODRIGUES-REZONE FROM "A-R" TO "A-10" FOR PROPERTY LLICATED ON THE SOUTH SIDE OF LOkrER WYANDOTTE ROAD, APPRO%IMATELY 1' MILES WEST OF ORO-WYANDOTTE ROAD The public hearing on *.he Robert G. Rodrigues rezone from "A-R" to "A-10" for property located on the south aide of Lower Wyandotte Road was held as advertised. Mr. Lawson set out the background of the rezoning. Planning Commission recommended approval o£ the rezoning. Rearing opened to the public. Appearing: no one. Rearing closed to the public and confined to the Board. On motion of 5upervisa' McKillop, seconded by Supervisor Madigan and uaenimously carried, the first reading of the ordinance rezoning property from as "A-R" to "A-10" was waived. Page 14. ,Tanuary 7, 1475 n ~. Janueay~7a 1475 ... ~ ~ ~ ,. ~ ~ .. a ~ a s m s. a e~ a s m~~ s o s a s 75-32 PIIBLIC HEARING: TRUMAN B. WARREN, ET AL-REZONE PROM "C-1" TO "AR-MH" FOR PROPERTY LOCATED ON THE EAST SIDE OF LINCOLN BLVD., SOUiIi OF KOSEL ROAD, OROVILLE The public hearing on the Truman B, Warren, et al, rezone from "C-1" to "AR-MH" for property located on the east side of Lincoln Blvd., south cf Kusel Road, Oroville, was held as advertised. Mr. Lawson set out the background of this matter. Planning Commission recommended the rezoning by a vote of 9 "Ayes". Hearing opened to the public. Appearing: i. Mr. Pete Illati, Orsage Ave., Oroville. He said he was not notified about the hearings. The applicanC never came around the premises to discuss this matter. When he found out about the rezoning he discussed the matter with George Gilbert, a PLsaning Commissioner. Re set out his opposition to this rezoning. Re said he had purchased this property as commercial property. Mr. Lawson pointed out that Plaaniag Department had checked with the Poat Office sad they did not have the envelope they sent to Mz. Illati. They would have to assume that the envelope was deliverer to Yfa, 2. Mr. Tru~aa Warren, applicant, Be explained the request for this rezoning. Most of the people in this area are in the same situation as he is ia; they have catCle in an area that is not zoned for it. Hearing closed to the public and confined to the Board. Chairman Ladd asked Mr. Lawson if there was a violation of the zoning to have animals on C-1 zonings. Mr. Lawson stated it was. Chairman Ladd requested that this matter be put over one week sad would invite the Board members to take a look at the property involved. Matter put over one week. 75-.33 DISC[FSSION: MAILING OF NOTICES OF PEOPLE IN AREA REQUESTING REZONING Brian Rix, deputq county counsel, stated that in these rezoning rezueste, the clerk will have to mail notices to property owners within 300' of the rezoning area. This legislation went into effect the first of 1975. Mr. Rix will research this matter and will report back to the Hoard. 75-34SUBDI3(~SZON .OOMt~¢TTEE.',S REPORT ON SUBDIVISION IMPROVEMENTS FOR THE MERIDIAN-MXINJAR, BANGOR. AND OONCOW AREAS Jim Lawson, Planning Director, stated thaC the Board members had received copies of the Subdivision Committee's report on subdivision improvements for the Meridian-Mua~ar, Bangor, and Coacow areas. Mr. Lawson read the report, setting out the committee's recommendations. Report discussed; members of the committee were present to answer questions of the Board members. A memo from Mr. Lets on, Division of Forestry, setting ouC the impact to the fire district discussed. Re said there should be minimal fire prote~dion facilities should be required for all of these areas. Supervisor McKillop said he thought the Board was going to talk about the innocent purchasers. The original owners that violated the map act should be responsible for these improvements. Mr. Blackstock said that this has been discussed with the Attorney General's office. Re has not received an answer to hie questions as of today. Re should have an answer by next week. Mr. Lawson stated that this information today was for Board information one. The matter should be put over to next week to get the County Counsel's opinion. Bettye Blair explained the report; she stated that they tried to cover all of the ramifications. They have now received application for a certificate of compliance. They have the problem of what to do with this Page 15. January 7, 1975 ~: ~~ . a. s aaesa3rsm e s a a a ?8an$spa7e 19f~ss s a a e a a s a a a .. s .e ~ innocent purchaser. This is a problem Chat will have to be solved. Mr. Blackstock stated there had been an offer made by one of the developers in the Bangor area. Has the committee had a chance to get with these people and go over the matter, This matter should be put over one week and give the committee a chance to get together with these people and see what can be done. It was suggested that one or two of the Board members meftt with these people and come back with a recommendation; this world be helpful to the committee. Chairman Ladd requested that Supervisors Madigan and Richter meet on the area of Meridian. Supervisors Cameron and MCKillop to meet with the people in the Bangor-COnCOW 8reas. IC was felt that the Meridwea-Munjar area should be a pilot area. Supervisors Madigan and Richter will take care of this area. Mr. Munoz, resident of the Munjar Road area, stated that the people there are of the working class, They know that there is a fire hazard in that area. After the last fire, they organized their own fire fighters. Chairman ladd said this is the type information that should be brought out by the committee. Matter put over one week. 75-35 TENTATIVE MAP CASTLE RDCit APPROVED Supervisor Cameron stated he had requested that the Castle Rock, 17 lots, on Humbug Road, Butte Creek above Chico, be put over. He has looked at the area. There is an impact report filed on this map. On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the following tffatative map vac approved, subject to the conditions, and with the note that an environmeatai impact draft has been filed: Zoned A~2 CASTLE R©CIC, 17 l.ota , vn Hturo"ou~ Rc~> ~ Suttee Cx'sak; above Chico. orrlP~.er: Richard I.. Ramsey P 4 Box 147 Chino, CA 95926 Engineer: i~cCain Assoc. 145 Pesrsoa ltd. Pazadiae, CA 95969 1'ursufaat to the requirements of Suction 20.3 aiE the Sutte Couit~r Coda, the t<ntative paroel nep bsf z:ha above property has bean ra- viewed by the Butte County Subdivision Cor~dttee said the Pltsruiitaq Commission. . 3'tt8 Subdivision CoumnittQe zznd the P1an:siag Combtl.as9.oa1 racomsaead approval og the tentative map, sub~:at to tl~e ~o1la~ing coedit{oars 1. Relocate end fill ditch edlacrat ho >;oCs 14, 15, 15, & 17. . .. Page 17. ~ . ' January 7, 1975 2. Provide a 50 ft. septic t;snls s~tbacEc I.ina ~a~saur~d 'gzam the edge of tf:® ditch. 3: 3+Tidsa Rt4mbug Rd. 2st additiost~l ~ ft. !From the Sdg¢3 of ~;if<tins~, ~tY3YOagh deve~.oprient and tapir to ~ssistisag at et~eh sad ©a deve•- iog•uftnt. 3truatural €secCiorn to tre ~" A. C. assd S" A. B. ni.~ifa~t. d. Construct Caetl® hock fps COUnty St~1rdE~rd R~-3 10P.ocal Acc~ae.^ 9. Cgnstrnct aeacessarg+ 8rriakace f~tciRities,` ~iacstinn oY' drainage ditch at west bauadarsr to fs~ approved fay the Dapartrnsazt o£ Public 9iorks. • 6. aced to +~ha Go:anty of Hutte 3o gt. tight--of-way from the cente~r- Zine of Humbug Rd. 7. S,ot ~ to ba Shaecl'i'i as "RE:~air..d~r" or "I7ot n Part" . 8. prspare axzd submit a ~aiia z~part. . 9. ~Plaee the go17.o~~.ng ~avtas asp ~:-~~ z3.na3, amp: ~r. "iVa'S~CEI:L'~'.id~~sp fC.Ti~s9 fir: C~W,t2t:~ 4"~ahY'I.EL'•~~a0Y30 CC! ~$1'~A~'4i ~.f.Si~ to be consta-~tGt~d cr pT~.c~d t~Rthir. the ase~. daeign~tf+d a~ thg 100 yaar clr~arl plain." H.. "Ti:~3 etxsas-a e;~nnne}. ar_d bar..'ka of Hutt•~ Crank Ina]- ba sutij®ct to sro~ion. @datic~ is hs~~b~r given thaAG '.:h:~ Cu~i~~~ ni Sutte is ncat s:~s~ pcsnaible fore r~ttiMten£ncY of; ar propar2:~ d~samc~e resaa~.tir:g from any eroeicn or ehaY:ges ~.n the s 4r~~m channel or banks of 9utte Cxti2ek." ./ , 75-36 APPEARANCE: MR. KUNEMAN, QUINCY GOAD, OROVILLE, BEQUEST FOR OONTIIZUANCE OF BEARING ON USE PERMET FOR HOME FOR MENTALLY RE'tABDED Mr. Y.9n0man, Quincy Road, Oroville, said he was one of the applicants appealing the use permit for a home for the mentally retarded on Quinsy Road, Oroville. He has been subpoeaad to be in San Jose next week at the time of this hearing and he would like the opportunity to present hie testimony in this matter. The Pianniag Commission had approved the use permit and this ie an appeal of their decision. The use is directly next door to his property and it directly affects his property. Bequept discussed. Flearing will be opened next week, testimony will be received from those that are present and then the hearing will be continued Co the following week to give this man an opportunity to speak. Chairman Ladd requested that thla man submit hie requesC in writing and it will be heard and considered next week. 75-37 MATTERS PRESENTBD BY SOAFD MEMBERS Chairman Ladd said that the Board had received a 11st of committees and appointments to be made. These appointments will be placed on nest week's agenda. Supervisor Madigan said he was concerned about the comments of the use of drugs out at the ~aYe~e ~• Nickelson will have a report January 7, 1975 ' ~"'' r+, w w w x w s waaw ww w w w m m ssJ~nma~w7a~ u9e5 m w m w w m m s w m m a m a prepared and present the report to the Board members. 75-38 APPROVE LETTER WAIVING TSE 30 DiAY POSTING REQUIREMENT FOR.1d70SE LODGE Chairman Ladd said he had received a call from the Moose Lodge. A use permit was issued to them'in Thexmalito, They need a letter from this Board to the Alcoholic Beverage Control Board stating that they do not object to the waiving of the 30 day posting requirement Bad that they approve the application for the liquor license. Matter discussed; no objection expressed by the Board members. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the Board approved the request of the Moose Lodge and approved a letter beiag written to the Alcoholic Beverage Coatrol Board. AAJOWLIRlENT: There beiag nothing further before the Board at this time, the meeting was adjourned at 6:30 p.m. to recomrene on Tuesday, January 14, 3.975 at l:00 a.m. ATTEST: CLARK A. NEISON, COUNTY CLERK By. ~1 ~ ~ airman of the Board Board of Sup isors Clerk Page 1~. January 7, 1975